You're sleeping in your house, and awakened by a noise. You pick up your gun, and find a burglar. You point your gun at him, he puts down his weapon if he is carrying one, but if unarmed, he puts his hands up and gets on his knees. Or, if he runs out of your house, he may signal down an LEO and claim to have been threatened by you. The LEO goes in, and a dispute goes on to determine who is right after you claim you had a break in. It is hours before it is determined you were right, and the intruder is taken into custody. You might have been taken downtown in that time.

If an intruder comes into your home, armed or unarmed, and they surrender to you, would it be a good idea to cuff him or tape him up to keep him from doing such a thing? Is it even legal to restrain an intruder if he surrenders and complies with you?

June 7th, 2010, 09:35 PM

Guantes

A breakin is usually not that difficult to determine by LE.

In most areas you can detain a felon.
I would not recommend attempting taping or cuffing for most people.

June 7th, 2010, 09:44 PM

Jason Storm

Quote:

Originally Posted by jzattack

You're sleeping in your house, and awakened by a noise. You pick up your gun, and find a burglar. You point your gun at him, he puts down his weapon if he is carrying one, but if unarmed, he puts his hands up and gets on his knees. Or, if he runs out of your house, he may signal down an LEO and claim to have been threatened by you. The LEO goes in, and a dispute goes on to determine who is right after you claim you had a break in. It is hours before it is determined you were right, and the intruder is taken into custody. You might have been taken downtown in that time.

If an intruder comes into your home, armed or unarmed, and they surrender to you, would it be a good idea to cuff him or tape him up to keep him from doing such a thing? Is it even legal to restrain an intruder if he surrenders and complies with you?

Just keep him at gunpoint. Unless you are a trained law enforcement officer, restraining him is a risky move that can lead to a disarm. After all, you have your hand on your gun. If he runs away, let him go. You are under no obligation to detain him. But do report him immediately before he makes up a story and reports you. And also beware of him returning with a weapon or with accomplices.

June 7th, 2010, 09:45 PM

RETSUPT99

If a dirtbag breaks into my home...he won't have time to put down his weapon...my castle, my rules...:yup::comeandgetsome:

June 7th, 2010, 09:49 PM

WhoWeBePart1

There is no way I am going to go hands on. I will keep them at gun point until the police arrive if I can. If they choose to get up and run away I might not like it but I'm not going to shoot anyone in the back either.

June 7th, 2010, 09:59 PM

tbrenke

my castle, my rules...
tape and cuffs not needed.

June 7th, 2010, 10:02 PM

Hopyard

If possible, I'm calling 911, telling the bad guy its his lucky day, and he can make a run for it as soon as I hear the sirens.

I want him out of my house and off my hands.

June 8th, 2010, 12:04 AM

Hiram25

Given the facts as you gave them, he's dead before he puts down his weapon. Call 911 and tell them they'll need the Coroner as well!

June 8th, 2010, 12:26 AM

Treo

Quote:

Originally Posted by jzattack

If an intruder comes into your home, armed or unarmed, and they surrender to you, would it be a good idea to cuff him or tape him up to keep him from doing such a thing? Is it even legal to restrain an intruder if he surrenders and complies with you?

I would think any attempt at detainment would be asking for trouble. Getting close enough to restrain would be out of the question. If I throw down on the guy and he runs, I'm ok W/ that. My goal is to get him safely ( for me ) out of my house.

June 8th, 2010, 12:42 AM

HerbM

Quote:

Originally Posted by jzattack

...
If an intruder comes into your home, armed or unarmed, and they surrender to you, would it be a good idea to cuff him or tape him up to keep him from doing such a thing? Is it even legal to restrain an intruder if he surrenders and complies with you?

No.

Don't NOT go within arms reach of a criminal intruder. Do not go close to arm's reach.

You should probably stay at least 8 feet away.

If you really have the skills to cuff him you will KNOW you have those skills because you have practiced them at a police academy or some such training -- and you practiced them recently against a FULLY RESISTING opponent.

We regularly show how easy it is (even for relative beginners) to take away a pistol or even a knife (harder actually since you can cut yourself just touching it) if it is within touching distance.

Safer to tell him to run.

Best bet is to just put him down on the ground, face down and do NOT talk or argue with him -- give him clear positive (what you want him TO DO) commands and leave it at that.

Do NOT go near a captured criminal -- really dude, just don't.

Do watch out for his partner who you didn't know was already in the house, or who came in while you were busy with the first one.

Do tell the 911 operator who you are, what you are wearing, how to get in (if he came through a window or back door the front door is probably still locked, right?).

Don't have a prolonged discussion with the 911 folks (beyond giving them the necessary info), and whatever you do avoid telling 911 anything you don't want played on the evening news or at your trial if things go bad again.

(Most of Joe Horn's problems were due to his discussions with 911.)

--
HerbM

June 8th, 2010, 01:23 AM

SteveinNEPA

If someone gets in my house for any reason theyre stupid as hell with the dogs I have. Like retsup said - .he won't have time to put down his weapon...my castle, my rules...

More likely then not my dogs will get him before I do. And it wont be a pretty sight.
BUT for the sake of playing it out, If BG surrenders I call 911 and hold at gunpoint. He runs, as long as he doesnt run AT me, the hell with him. I have a good description and proof he broke in. As far as cuffing/taping them up goes. NOT SMART unless you have trained for such things and just happen to have duct tape or a set of cuffs within arms reach.

Just an added note here, if BG surrenders to me in my house, he cant run (well they can try like hell, but they arent getting more then 10 feet). 2 dogs that WILL keep someone cornered on command and WILL tear the living hell out of someone on command. Also they arent gun shy and can take down a large person (think 6+' 250-300 lbs) easily. They were trained that way for a reason, mainly because my mother is disabled and cant really defend herself. They'll lick the hell outta you, but hurt a family member it will become either VERY expensive for you or fatal or try to get inside without letting someone know and well, i hope you like standing in a corner until I tell them otherwise.

June 8th, 2010, 01:30 AM

chiefjason

I'll leave the cuffing to the cops. It's my job to stop him, not cuff and stuff him.

June 8th, 2010, 01:31 AM

Guantes

Personally, I would want to detain him. I want him identified and booked. That way should he decide to come back, alone or with others, for my stuff or worse and it turns out bad, the cops have somewhere to start.

That is not a suggestion, only a personal opinion.

June 8th, 2010, 01:50 AM

BikerRN

Quote:

If an intruder comes into your home, armed or unarmed, and they surrender to you, would it be a good idea to cuff him or tape him

KEEP YOUR DISTANCE!!!

Unless you have a cover partner you shouldn't be restraining anyone. The old saying, "distance is your friend" holds true in this scenario.

As to holding or letting go, hold if possible, but if someone has a weapon and enters my home univited the chances of getting to run are pretty small. If they do run I'll let them go.

Biker

June 8th, 2010, 02:16 AM

9MMare

I'll hold them at gunpoint if necessary and call or continue talking to 911. But if they take off, I'm not shooting them. I may follow to get a plate number.

If I'm not holding him/them at gunpoint, there's less chance LE will shoot me.